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Negligence Claims Against NHS Rise due to Increased Awareness

Posted: January 21, 2012

Increased awareness of patient rights has resulted in a dramatic increase in claims for medical negligence against the National Health Service (NHS). According to government figures, the number of hospital negligence claims made in the past five years has increased 5,697 to 8,655 per year, and has forced the NHS Litigation Authority to seek additional funding from the Health Secretary, Andrew Lansbury.

Tom Fothergill, financial director of the NHS Litigation Authority, admitted that marketing by “No Win, No Fee” solicitors had contributed to the public body´s financial shortfall and had added a premium to legal costs. However, he was also quick to point out that legislation which linked the wages of claimants´ carers to earnings rather than inflation has also led to increased payouts.

With approximately 100 claims for medical negligence a year relating to birth injury compensation, and the average value of each claim close to 6 million pounds in the lifetime of the child, an improvement in the survival rates of brain damaged babies – who will require a lifetime of care – has also placed significant strain on the NHS Litigation Authority´s budget.

A further 185 million pounds is required by the NHS Litigation Authority to prevent it running out of money by the end of the financial year, a sum which has been approved by Mr Lansbury and health minister Lord Howe. Following the announcement of the bail-out Lord Howe said “Following a review of claims, we have made additional funds available to the NHS Litigation Authority in order to make sure that those claimants who are entitled to compensation receive it in a timely way.”